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I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

My guess.

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s416504

08-30 10:58 AM

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Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green

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abc

05-30 03:42 PM

Asian,

Not sure what you are getting at here.

The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it. Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

Berkeleybee

I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.

depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.

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designserve

02-22 02:25 PM

IRS holds records for 3 years after which tracing back is not possible.Pray!!!

you dont require to file I 539 since she is out of the country ,so currently she has no status . I understand that. But does it have any negative impact ?

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amitga

10-26 10:27 AM

Hi Seniros

My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice. Thank you

Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.

Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

Hello Experts,

I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense..... I bet - he is on the money....

The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more

I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....

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natrajs

04-15 11:19 AM

I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

What I understood from Ron's article: They're not processing fast enough to exhaust visa numbers. They want to minimize visa number wastage. They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible Many people will have dates current, but few will get approved... it'll be luck of draw. Dates will then return to retrogressed levels at the beginning of the next financial year. However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions. Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

Well put together summary!

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h1techSlave

02-24 08:00 AM

So are you suggesting that the H1 cancellation was fine?

The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.

1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.

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jsb

10-30 04:08 PM

I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.

Thanks -Kiru

From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.

Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.

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ronhira

10-05 09:34 PM

Neil, Hoffman, Greg, IIya, , we will all love you.... and thank you for showing us the light..... to make this world a better place.....

THANK YOU

Hey Ram GC

05-05 05:33 PM

I did try to change the title, but can not. In the body, i did, but main page, i can not. BUT I can wish about EB3- India to be current soon